, 1887-12-15

the defendant as the gun from which
the fatal shot was fired was II tool in
the hands Of Delos.
Griilitts summed up the arguments
in favor of the objection, reviewing
the points made by his associates, and
claimed that the acts of abetting, as
charged in the indictment, did lot
show malicious spirit, and that made
| the instrument defective.
The court stated that he had con-
siderable doubt as to whether the in
dictment charged any ohense Mt all,
and II IL did, whether IL was anything
more than manslaughter, but over.
ruled the objection, as these points
could be argued ON the appeal for ar.
rest Of judgment.
The examination of DR.. Penfeld
WAS then resumed, and he described
the position and condition in which
he found the body of the murdered
man. by request Of counsel the wit
ness drew n dogram Of the premises.
The body was lying in front of the
door Of the house and opposite II win.
dow opening into stall Of the stable.
In this stall, beneath the window, was
some straw which was trampled and
looked as ii some one had been lying
ON it. The body was about twenty
feet from the house, lying face down.
Death had been caused by bullet
wound. From the nature of the
wound the bullet could have been
tired from the barn window. Deceased
had been dead at least twenty four
,.,l ,l. t,,.
nation.
examined-Could not tell
exactly how long the man had been
dead; the body was rigid when he
found III ball entered left arm sq'urely
A number Of neighbors were at the
house when he arrived. He did not
know, except from hearsay, that no
one had been in the barn since the
murder, nor that the body had not
been moved Did not know Of his own
knowledge that the dead man was Ja-
son Becman.
At the request of counsel for the de-
Tense, the judge instructed the jury
that all hearsay evidence was to be
stricken out.
The witness then stated that the
wound was inflicted before death. He
knew this by the large amount Of blood
witness testified that the ball
passed through the liver, spleen
and lungs. Window in the barn was
about eighteen inches square,
about four and one-balf fiom the
ground.
Nothing further was evolved from
the witness.
Counsel for defense here asked that
the other witnesses in the case be re-
moved from the room till needed.
Judge ruled that the request was 100
late, ii the prosecuting attorney OBJ
jected, which he did.
Saunders was sworn. Was II neigh
bor OF the Beeman's. Found the body
of Jason lying us the coroner had tcs-
tiiird. Saw Dcluss Beemdn on tho
fourth Of November, was plowing ut
the tune. Heard the report of II gun
in the direction of the house. Was
not in plain sight of the house when
he heard the report, but got in sight
of the house II minute or two later.
Looked toward the house at once and
saw IA woman standing in front Of the
door STOPPING over, also Delos going
upu hill to the south Of the barn,
who, when he reached the top OF the
hill exclaimed -.
Defense here objected on the
ground that what Dcless said was not
material. Jones urged that as 1t was inn
mediatly after the shot it was proper to
include it in the "res gestae."
a long argument followed which oc.
cupied the attention OF the court till it
WAS time To adjourn, when the judge
advised the lawyers to examine into
the question carefully as it involved II
very important point of law.
The baIlihs were instructed to lock
up the jury and see that the members
conversed with no outside parties.